W. Va. Code R. § 157-8-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 157-8-11 - Liens

11.1 Lien on Remediated Property. A lien may be placed upon all real property and rights to the property on which the waste tire pile is remediated when State funds from the TREC Fund are expended for remediation, and no arrangements are made by the owner to repay the remediation costs.

11.2 Time Period. The lien will continue until the liability for the costs or judgment against the property is satisfied.

11.3 Included Costs. The lien will include all costs from the latter of:

11.3.a when costs are first incurred by the Division; or

11.3.b the Notice of Remediation is received by the owner(s) of the property.

11.4 Recording Liens. The liens against the property where the waste tire remediation occurred will be recorded in the Office of the Clerk of the County Commission where the property is located and/or taxed.

11.5 Priority. The liens will be of equal dignity, rank, and priority with liens on such premises of State, County and Municipal taxes.

11.6 Civil Actions. The Division may pursue liens in civil actions to recover all remediation costs, damages, court fees and reasonable attorney fees.

11.7 Foreclosure. The Division may foreclose upon the premises by bringing civil action in the Circuit Court of the county where the property is located/taxed, and seek an order to sell the property to satisfy the lien.

11.8 Proceeds of Sale. All proceeds from the sale of the foreclosed property, including the amount of the lien, will be deposited in the TREC Fund in the State Treasurer's office.

11.8.a Any funds the Division receives beyond the amount of the lien will be remitted to the property owner(s) from whom the property was foreclosed on.

11.8.b The State may pursue legal action for remediation costs not recovered through the lien/foreclosure process.

W. Va. Code R. § 157-8-11